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What is the minimum number of attesting witnesses that section 67 of the Bharatiya Sakshya Adhiniyam,…

Section 67 requires at least one attesting witness to be called in these circumstances. Registration does not exempt a will. The requirement under section 63(c) of the…

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What is the minimum number of attesting witnesses that section 67 of the Bharatiya Sakshya Adhiniyam, 2023, requires a party to call to prove execution of a registered unprivileged will if an attesting witness is alive, subject to the court’s process and capable of giving evidence?

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Correct answer A

Section 67 requires at least one attesting witness to be called in these circumstances. Registration does not exempt a will. The requirement under section 63(c) of the Indian Succession Act, 1925, for at least two witnesses to attest an unprivileged will concerns execution.

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Option A

Section 67 sets one attesting witness as the minimum where an attesting witness is alive, subject to process and capable of giving evidence.

Option B

Section 63(c) of the Indian Succession Act, 1925, requires attestation by at least two witnesses. Section 67 sets a separate minimum for witnesses called in proof.

Option C

Testimony about registration does not satisfy the requirement to call an attesting witness in these circumstances.

Option D

The section 67 proviso expressly excludes wills from its exception for certain registered documents.

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